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about a will

our grandmother is selling her home after our grandfather passed and we have been told that if she does then she has to split it with the kids. Is that true

Asked on June 2, 2009 under Estate Planning, Louisiana

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

That's probably not true at all, unless your grandfather's share of the house went into a trust of some sort.  Ordinarily, in most states, where a house is owned jointly by husband and wife, when one of them passes, the surviving spouse becomes the sole owner, immediately and by operation of law, and can turn around and sell the property without anyone else's permission, and it has nothing to do with the first spouse's estate or will, if any.

If you have any reason at all to believe that there is something in your case that would give the children any rights to the house, while grandmother is still alive, you should talk to a real estate lawyer in your area, who can give you sound advice based on all of the facts and the laws of your state (which can differ, sometimes, on questions like these).  One place to look for an attorney is our website, http://attorneypages.com


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